Agmt25 San Mateo County Transportation Authority Measure W Funds Essential Wheels E-Bike Loaner Program

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San Mateo County Transportation Authority/City of Redwood City/Manzanita Works Essential Wheels E-bike Loaner Program REV: 03-25-25 LF 19303926.3 opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder's insurance is to be primary without any right of contribution from the TA. c) Deductibles and Retentions. Entity must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable. In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Entity will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit. d) Claims Made Coverage. If any insurance specified above is provided on a claim-made basis, then in addition to coverage requirements above, such policy must provide that: i. Policy retroactive date coincides with or precedes the Entity's start of work (including subsequent policies purchased as renewals or replacements). ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds. iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims. e) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support Section 4.1, Indemnity, of this Agreement does not excuse Entity from meeting all obligations of Section 4.1 and the remainder of this Agreement, generally. Prior to beginning work under this Agreement, Entity must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance ATTY/AGR.2025.051/Funding Agreement with San Mateo County Transportation Authority (Essential Wheels) (Page 10 of 19)